|BOARD OF COMMISSIONERS
STATE OF NORTH CAROLINA
|December 7, 1999
Chairman Harbinson opened the Peoples Agenda at 6:45 p.m. No citizens presented any issues or comments. During this time, Chairman Harbinson gave the Chairmans Report. This report included: 1) Letter from Keith Meadows, Mgr. Southern Devices, supporting their efforts to save the hospital. 2) State Commissioners Association sent letter thanking Rick French for the Christmas Ornament representing Alexander County. 3) The Recreation Advisory Committee provided minutes of their meeting. 4) Rural Center Grant of $200,000.00 was received that was applied toward the costs of the water and sewer infrastructure at the Department of Corrections site. Thanks to the efforts of Nancy Coley and Rick French. 5) The Board plans to recognize the ACHS football team for their efforts of being in the play offs. 6) Commissioner Robertson noted that the Alexander County Landfill is officially closed.
Chairman Harbinson called the Regular meeting to order at 6:55 p.m. due to the many items on the agenda tonight.
Rev. Craig Hamlin led the Invocation. Ms. Kyndal Payne led the Pledge Allegiance to the Flag.
CITIZEN OF THE MONTH
Commissioner David Odom presented the Citizen of the Month Award to Ms. Mozelle Mundy, a resident of Hiddenite that has repeatedly helped others.
ADOPTION OF AGENDA
Chairman Harbinson entertained a motion to adopt agenda with one item to be added as
Item #2A, which was Attorney fees received by the County from a recent lawsuit. Commissioner Watts made the motion to adopt the Agenda with the one amendment added. Commissioner Odom seconded the motion and the Board voted unanimously in favor of the motion.
ELECTION OF CHAIRMAN Chairman Joel Harbinson
Chairman Harbinson made a motion that Vice Chairman John Watts be nominated Chairman of the Board of Commissioners. Commissioner Odom seconded the motion.
Commissioner Robertson made a motion that Commissioner Watts be elected Chairman by acclamation. Commissioner Odom seconded this motion. The Board voted unanimously in favor of this motion. The gavel was given to Chairman John Watts.
ELECTION OF VICE CHAIRMAN
Commissioner Joel Harbinson nominated Commissioner Odom to serve as Vice-Chairman. Commissioner Darrell Robertson made a motion that Commissioner Odom serve as Vice Chairman to the Board by acclamation. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.
ITEM 2A FUNDS RECEIVED by ALEXANDER COUNTY
Commissioner Harbinson stated Alexander County had been awarded $1,726.50 from Attorney Carolyn Crouch as a settlement for attorney fees from the recent lawsuit concerning the land purchased for the prison site. He recommended that these funds should be donated to the Alexander County Ancestry Association to place portraits of all former sheriffs and clerks on display in the Courthouse.
Commissioner Harbinson made the motion to use these funds to place these portraits of history in the Courthouse. Commissioner Odom seconded the motion and the Board voted unanimously in favor of the motion.
CONSIDERATION FOR RESOLUTIONS ADOPTED Chairman John Watts
Chairman John Watts presented a Resolution stating that our citizens affirm for our children the proper respect for the lives, person and property of others, and a proper and strong moral set of values, etc. to be placed in Alexander County Schools pending US Supreme Court review.
Chairman Watts made a motion to adopt this Resolution. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion. (Attachment #1)
RESOLUTION: "LOVE GOD, LOVE ONE ANOTHER" Commissioner Harbinson
Commissioner Joel Harbinson presented the Resolution "Love God, Love One Another" for consideration of adopting to be placed in Alexander County Schools. In the future if the Alexander County Board of Education should be sued for this Resolution, Commissioner Harbinson would represent them free of charge. He was the Attorney representing the Board of Education for seventeen years and felt that this Resolution did not violate any laws. (Attachment #2)
Commissioner Harbinson made a motion to adopt this Resolution. Commissioner Odom seconded the motion. The Board vote unanimously in favor of the motion.
CONSIDERATION FOR HOSPITAL PROPOSAL Charles McGinnis
Alexander Community Hospital Board members present were Lee Sharpe, Mack Treadway, Richard Walker, and Sheriff Ray Warren. Charles McGinnis read the "Points To Consider" and recommended the adoption of the Resolution as submitted by the Hospital Board of Directors at the Public Hearing held November 29, 1999 in the District Court Room at the Alexander County Courthouse. (Attachment #3)
Motion by Commissioner Harbinson and seconded by Commissioner Odom to have a work session with the Hospital Board of Directors and adopt this Resolution. Commissioner Odom seconded the motion. The Board voted with three for the adoption, Commissioners Harbinson, Watts and Odom. Commissioner Robertson voted against the adoption until more questions were answered and an audit was complete. It was decided that the Board of Commissioners and Alexander Community Hospital Board of Directors would meet and discuss details of the proposed contract on Monday, December 13, 1999.
PUBLIC HEARING: REZONING CASE 99-4 - Requesting RA-20, Residential Agricultural to be rezoned to R-SF Residential Single-Family.
Chairman Watts declared the Public Hearing open.
Sylvia Turnmire requested that 52.5 acres of land located off Heritage Farm Road, which is currently vacant to be rezoned for single-family subdivision. This area is to provide for future urban development and is suitable with necessary urban services to support this development.
Cecil Clarke, design Engineer working with the property owners, stated that this property could be zoned and developed to meet the Planning Boards Text Amendment, which is targeted to first-time home owners.
Cathy Collins commended the Planning Board for their efforts, but was very concerned about traffic for 166 homes and another development of 64 homes near this area. She was concerned about the safety of the community and the impact on school facilities in the area.
Upon a motion by Commissioner Odom and second by Commissioner Harbinson, the Board voted unanimously to close the Public Hearing.
Commissioner Harbinson made a motion to adopt the Rezoning Text Amendment Ordinance. Commissioner Odom seconded the motion and the Board voted unanimously in favor of the motion. (Attachment #4)
PUBLIC HEARING: PROPOSED SUBDIVISION REGULATIONS
Chairman Watts called the Public Hearing to order.
Sylvia Turnmire presented the proposed Subdivision Regulations as discussed in a previous Commissioners Work Session. The purpose of the regulations is to establish procedures and standards for the development and subdivision of land within the county to promote the public health, safety and general welfare of all its citizens. It provides for the orderly growth and development, coordination of streets, highways and utilities.
No citizens came forth with comments or concerns. Upon a motion from Commissioner Harbinson and seconded by Commissioner Robertson, the Board voted unanimously to close the Public Hearing.
Commissioner Robertson made a motion to permit these regulations to be placed in County offices for citizens to review and delay any action until the February, 2000 Commissioners meeting. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion.
PUBLIC HEARING: ROAD NAME
Chairman Watts declared that the Public Hearing was open.
Lisa Harrington, 911 Addressing Coordinator, requested that the attached list of Road Names to be approved by the Commissioners.
No opposition was received. Commissioner Odom made a motion to close the Public Hearing. Commissioner Harbinson seconded the motion and the Board voted unanimously in favor of the motion.
Upon a motion by Commissioner Odom and seconded by Commissioner Harbinson, the Board voted unanimously to adopt the Road Names as submitted. (Attachment #5)
PUBLIC HEARING: PRIVATE ROAD RENAMING PETITION
Chairman Watts declared the public hearing open.
Lisa Harrington presented a petition as submitted to Alexander County 911 Addressing that requested changing private road name, Roger Brown MHP to Antioch MHP Drive.
No citizens had comments. Upon a motion by Commissioner Harbinson and seconded by Commissioner Robertson, the Board voted unanimously in favor in closing the Public Hearing.
Commissioner Robertson made a motion to approve the Petition to change the Road name. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.
REQUEST PERMISSION TO PURSUE THE GOVERNORS CRIME COMMISSION GRANT
John Alspaugh requested permission to pursue the Governors Crime Commission Grant that makes available each year, federal money to address crime in local communities. The Day Reporting Center has a proven track record in providing services to the criminal justice population. The Commissioners were asked to authorize the County Manager, Rick French to sign the pre-trial application. This is a two-year grant and the Day Reporting Center has funds for fund matching now.
Commissioner Harbinson made a motion to approve the grant application. Commissioner Robertson seconded the motion. The Board voted unanimously in favor of the motion.
UPDATE ON MORTEZ COURT
Chairman Watts read the letter of recommendation from the County Attorney, Ed Hedrick, IV. The County does not own the land in question and can not condemn the land for use as a road because roads are the exclusive province of the State of North Carolina. The owners must resolve this dispute since the county does not have the responsibility or the authority to settle this dispute.
Commissioner Harbinson made a motion that the County Manager send a letter to Mr. Rand of the North Carolina DOT requesting that he investigate the safety of Moretz Court because this is a dead end road and the state should provide a turn around for school buses and safety vehicles. Commissioner Odom seconded the motion. The Board of Commissioners voted unanimously in favor of the motion.
ALEXANDER COUNTY RADIO
Terry Foxx presented the recommendations from the Radio Communications Study and a proposal to fix the communications problems in Alexander Count.
Commissioner Odom made a motion to proceed with the purchase of Voting Receivers for the Bethlehem and Vashti areas and to purchase a Fire Service Repeater for Linneys Mountain and to make that site (Linneys Mountain) also a Voting Receiver site. This equipment should be purchased through a lease/purchase arrangement. Commissioner Odom further included in his motion to continue to seek an agreement between Nextel Communications (a private owned cellular company) and the N.C. Division of Forestry, or a private land owner, for the purpose of installation of a 120 180 tower on top of Linneys Mountain. This agreement should be complete within 90 days or Alexander County will seek bids to build the tower its self. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion. Information regarding the tower should be forwarded to the Board and to the Manager for further action.
CALDWELL, HICKORY, ALEXANDER WATER AGREEMENT (Second Reading)
Rick French, County Manager, briefly discussed the tentative Water Agreement that was discussed with Steve Scruggs, with Peirson and Whitman, as he presented the Water and Sewer Feasibility Study for Alexander County at the November 16 Work Session. This is the second reading of the tentative Water Agreement between Caldwell, Hickory, and Alexander County.
Commissioner Harbinson make a motion to approve the tentative agreement but omit the $1.15 cost per thousand gallon until negotiations are completed. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion.
APPROVAL OF FIVE MILE INSURANCE DISTRICT
Recently Caldwell County revised their Fire Districts and the new district line is in the Grace Chapel community. The changes in Caldwell district created changes in the Bethlehem fire district; therefore, Bethlehem fire district had to be rewritten. To complete this process, the Alexander County and Caldwell County Commissioners have to approve the rewrite with the Clerks signature to be submitted to the Department of Insurance.
Russell Greene, Alexander County Fire Marshall, submitted this request for approval.
Upon a motion by Commissioner Robertson and second by Commissioner Odom, the Board voted unanimously to approve the Five Mile Insurance District.
ALEXANDER COUNTY FIRE PREVENTION AND PROTECTION ORDINANCE
Russell Greene presented the Alexander County Fire Prevention and Protection Ordinance to the Commissioners for their reading and information at this time.
No action was taken.
REPORT ON PUBLIC SERVICE STATIONS CREDIT CARD FUEL PUMP SYSTEM
Russell Greene presented a request from a local Service Station owner that has installed Credit card fuel pumps at his facility. To be operational, the Codes have several requirements and the local government must approve first. He recommended that the owner be responsible for all cost involved in the event of a fire or hazardous spill. He also recommended that the approval should be denied, even though some neighboring counties have these facilities and have not had any problems.
Mr. Fox, owner of Highway 16 Superette, spoke. He has invested $60,000.00 to install the Credit card pump system and is in compliance with the Fire codes. He also stated that he was one of the five original persons that started the Wittenburg Fire Department.
Commissioner Robertson made a motion that Alexander County prepare forms and make sure the owner is educated to using the proper Hazardous and Safety regulations. Commissioner Harbinson seconded the motion. The Board voted unanimously in favor of the motion.
REPORT ON THE UNITED STATE CENSUS FOR YEAR 2000
Nicole Pope presented a brief summary of the Census 2000 and introduced Mr. Edwards from the Hickory office. During the last census, Alexander County mailed in 69% of the census form, which was above the states average. It is important that the citizens know that federal and state funds are based on the census information.
No action was taken.
CONSIDERATION FOR HOLIDAY CHRISTMAS BONUS
Rick French presented the policy that was discussed during the last work session as follows:
a) $250 will be presented to each full-time employee. Employees must be employed by November 1, 1999 to be eligible.
b) $100 will be presented to each part-time employee who has worked a minimum of 520 hours over the last year. These hours would be calculated from November 1998 to November 1999.
c) All other employees will receive the $10 gift certificate.
Checks will be distributed on Friday, December 17, 1999.
Upon a motion by Commissioner Harbinson and seconded by Commissioner Odom, the Board voted unanimously to approve the Christmas Holiday bonus.
CONSIDERATION OF HOSPITAL INSURANCE FOR COUNTY RETIREES
Rick French presented this policy to provide hospital insurance to employees, upon retirement, that must meet all of the following qualifications:
The recommended effective date is January 1, 2000.
Commissioner Harbinson made the motion to adopt this policy with an amendment later that covers medicare. Commissioner Odom seconded the motion. The Board voted unanimously in favor of the motion.
REQUEST FOR PUBLIC HEARING: WATERSHED ORDINANCE AND MAP AMENDMENTS
Sylvia Turnmire and Staff request the Board of Commissioners to set a public hearing for January 4, 2000 to review Text Amendment 99-5. This concerns required revisions to Watershed Map and Ordinance of Alexander County.
Upon a motion by Commissioner Harbinson and seconded by Commissioner Odom, the Board voted unanimously to have a Public Hearing January 4, 2000. Commissioner Robertson recommended giving Staff guidelines of 30% - 70% for the watershed.
PLANNING BOARD / BOARD OF ADJUSTMENT APPOINTMENTS AND TERMS
Sylvia Turnmire requested that the Commissioners establish a Planning and Zoning Commission consolidated from the Planning Board and Board of Adjustment. Due to the lack of cases, the Board of Adjustments has not met except for training and the Planning Board meets monthly. This request is a consideration prior to reappointment of board members in January.
Commissioner Odom made the motion to adopt Staffs recommendation. Commissioner Robertson seconded the motion and the Board voted unanimously in favor of the motion.
CLEAN WATER MANAGEMENT TRUST FUND GRANT
Sylvia Turnmire presented information on the Clean Water Trust Fund Grant of $16,215.00 that is Alexander Countys portion for the 50 foot Buffer strip on Catawba River, paralleling River Bend Park in Catawba Co. This is for information only.
No action taken
PLANNING RETREAT AGENDA 2000
Chairman John Watts presented the agenda draft for the Planning Retreat to be held January 13, 2000 - January 15, 2000 in Blowing Rock, NC. (Attachment #6)
Commissioner Harbinson made a motion to adopt the tentative agenda to start at 7:00 p.m. Commissioner Odom seconded the motion and the Board voted unanimously in favor of the motion.
ADOPTION OF THE 2000 COMMISSIONER MEETING SCHEDULE
Chairman Watts presented the 2000 schedule for Commissioner Meetings, which is the first Tuesday of each month. (Attachment #7) Note: The July meeting will be held the second Tuesday of the month.
Upon a motion by Commissioner Harbinson and seconded by Commissioner Odom, the Board voted unanimously to adopt the County Commissioners 2000 Meeting Schedule.
SCHEDULE DECEMBER WORK SESSION
Rick French recommended that the County Commissioners have a Work Session Monday, December 13 with the Alexander Community Hospital Board of Directors and reserve Tuesday, December 28 to hold the last Work Session for 1999.
Chairman Watts stated that the December 13 Work Session will be a Closed Session and would inform the Press of any actions. It will be held at 6:30 p.m. at the Alexander Community Hospital Conference Room or Cafeteria.
COUNTY MANAGERS REPORT
Rick French noted two items on his report:
Terry Foxx stated that 2 words should be stricken from his original Radio Communications Report. On Agenda Item #11, Page 3; Item#5 should not state that the "Law Enforcement" was to be included.
Upon motion by Commissioner Odom and seconded by Commissioner Robertson, these corrections were approved.
Commissioner Harbinson made the motion to adopt the Consent Agenda. Commissioner Odom seconded the motion and the Board voted unanimously in favor of the motion.
Upon a motion by Commissioner Odom and seconded by Commissioner Robertson, the Board voted unanimously to adjourn.
No Closed Session.
John Watts, Chairman Helen P. Anthony, Clerk to the Board